Kunz v. Kunz, 25673.

• Decision Date: 13 May 1927
• Docket Number: No. 25673.,25673.
• Citation: 213 N.W. 906,171 Minn. 258
• Parties: KUNZ v. KUNZ.
• Court: Minnesota Supreme Court

213 N.W. 906

171 Minn. 258

KUNZ v. KUNZ.

No. 25673.

Supreme Court of Minnesota.

May 13, 1927.

Appeal from District Court, Hennepin County; F. E. Reed, Judge.

Action by Jacob A. Kunz against Bertha M. Kunz for divorce. From a judgment for plaintiff, defendant appeals. Reversed.

Loring & Anderson, of Minneapolis, for appellant.

Geo. M. Bleecker, of Minneapolis, for respondent.

STONE, J.

Action for divorce, wherein judgment was ordered for plaintiff husband upon the ground of cruel and inhuman treatment. Defendant appeals from the judgment.

But one question is involved. The finding of cruel and inhuman treatment of plaintiff by defendant would have ample support in the evidence, were it not plain that all defendant's conduct, which furnishes the basis for the finding adverse to her, is but the symptom and result of a disordered mind. It is a typical case of delusional insanity; its first manifestations having as their subject-matter the two persons nearest defendant's heart. One was her last-born child, and the other, plaintiff, her husband. The existence of the insane delusions is demonstrated by the record and it is unnecessary to detail them.

From its beginning some five years ago, the disorder seems to have been progressive. Of course it is true that the situation became so unbearable for plaintiff that he had to leave the family home and establish a separate residence. There is no suggestion that he has not done his full duty in providing solicitous care and maintenance of his mentally sick wife and their four children. She and they occupy the family home, and defendant has maintained it for them. But however serious, from plaintiff's standpoint, the situation may be, to whatever extent he has been unjustly accused and otherwise harassed, he is not entitled to a divorce. That is for the simple reason that his wife's conduct, of which he now complains, is explainable on no other hypothesis than that of aberration. Insanity itself not being a ground for divorce, its symptoms and results cannot have that effect. Insanity is a mental disease, and disease of the mind no more than illness of the body is recognized by the law of this state as ground for divorce. "If insanity itself after marriage is no cause for divorce, nothing which is a consequence of it can be." 9 R. C. L. 334. See, also, annotation, 34 L. R. A. 161. Any change of the law in that respect must come from the Legislature rather than the courts.

The only decision of this court...